A Divorce Order marks the formal termination of a marriage otherwise than by the death of a party to the marriage. Divorce in Australia is regulated under the Family Law Act.

Divorce and Property Settlement are separate and each requires different proceedings. There is no automatic divorce just because a Matrimonial Property Settlement has been put in place.

If either party to a marriage:

• is an Australian Citizen;
• is domiciled in Australia; or
• is ordinarily resident in Australia and has been so for one (1) year preceding the date such residence in Australia commenced

Divorce proceedings can be instituted by either party or jointly.

• That the marriage has broken down irretrievably;
• That you and your spouse have separated; and
• That thereafter you have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of the filing of the application for the Divorce Order.

Usually separation means that one spouse has physically ceased living with the other. However you may be held to have separated and to have lived separately and apart from your spouse notwithstanding the fact that you may have continued to reside under the same roof as your spouse.

A special form is necessary.

We can assist you to apply for Divorce and complete the Divorce Application.

We will require a copy of your Marriage Certificate as same must accompany the Divorce Application when you lodge same with the Court.

If you cannot locate your Marriage Certificate at the time you submit to us your Divorce Application we can obtain your Marriage Certificate for you if the marriage took place in Australia.

Upon completing the Divorce Application you are required to sign the document on oath in the presence of (i.e. physically witnessed by) a Justice of the Peace (JP) or Solicitor.

(You can also make a joint Application for Divorce with your partner. This is a cheaper option, as there are costs for effecting personal service of a single Application on your spouse. We to can assist you to do this.)

We then lodge your Application (there is a Filing Fee of $432) in the Federal Magistrates’ Court, and obtain a court date. You may not need to attend court, however your spouse must be provided with a copy of your court sealed Application at least 28 days before the court hears your Application.

If you have been married for less than 2 years you will be required to show that you and/or your partner have considered a reconciliation. Paul and Paul Lawyers can assist you.

Divorce can invalidate certain provisions in an existing Will, requiring a new Will.